Domestic violence is a very serious issue and it comes in many forms. Unfortunately it is more common then most would like to admit. If you are a victim of domestic violence you should contact an experienced attorney immediately to seek advice and if an emergency you should immediately contact the police. 

Domestic violence is an act of abuse between either:

1. A spouse or former spouse; 
2. A cohabitant or former cohabitant;  
3. A person with whom the victim dated or is dating; 
4. Someone the victim shares a child; 
5. A child of a party; 
6. Or any other family member within the second degree. Any act of abuse, assault or battery against someone who does not fall within any of the aforementioned categories would be either a civil action and/or a criminal action. 

An act of abuse, as defined by the California Family Code, is any of the following:

1. To intentionally or recklessly cause or attempt to cause bodily injury;
2. Sexual assault.;
3. To place a person in reasonable apprehension of imminent serious bodily injury to that person or to another.
4. To molest, attack, strike, stalk, threaten, sexually assault, batter, credibly impersonating another, falsely impersonating another, harass, telephone, including but not limited to, making annoying telephone calls, destroying personal property;

Abuse is not limited to the actual infliction of physical injury or assault. It can be emotional abuse, psychological abuse, overly controlling and possessive behavior, threats, and so on. When someone experiences abuse, as defined above, they should consult with an experienced attorney to determine if seeking the protection of a restraining order is in his/her best interest.

If you are currently suffering serious abuse and require immediate assistance, you should contact the police immediately. If it is not an emergency, you should consider consulting with an experienced attorney to discuss your case and the abuse you have suffered.  Warren | Clemens | Morris has worked with countless victims of domestic violence and have a deep understanding of the sensitive issues that come up during these cases and how to navigate those issues. 

If after consulting with one of our attorneys, it is determined that a restraining order should be sought, we will work one-on-one with you to do so. There is a a number of forms that must be filed and the manner in which they are completed and what supporting documents and statements are provided can be imperative in having the request granted. After all the moving paperwork is completed it will be submitted to the Court for review by a Judge that same day. The reviewing Judge will either grant, deny, or grant parts of the request. If the request is granted a temporary restraining order will be set for a hearing within approximately 3 weeks. If the request is denied, you still have the right to request a hearing. At the hearing the Judge will hear evidence from both sides and decide whether to grant a permanent restraining order that can be in place up to 5 years. 

The hearing on a restraining order can be very tricky. The burden of proof is on the person that is seeking the restraining order. That means if you want the restraining order, you must convince the Judge, by a preponderance of evidence (i.e. more likely than not), that the allegations are true. Often there are serious consequences when a restraining order is entered against the opposing side, therefore (as discussed more below), the responding party will vehemently fight the granting of a permanent restraining order. This often means that the restrained party will ask the Court to set the matter for a date when the Court can receive testimony from the parties and any witnesses. Essentially a mini trial. 

The assistance of an experienced attorney can prove very helpful to not only navigate the intricacies of the legal system and applicable law, but also to help manage emotions. Facing someones abuser in Court can be among the most difficult days a victim will ever face. Having a knowledgeable and seasoned attorney by your side can help reduce the stress and fear. 

As provided for in the earlier sections of this page, Domestic Violence is a serious issue that should be given the necessary attention. However, there are the unfortunate situations when someone files a request for a Domestic Violence Restraining Order against another person and not all of the allegations are true. Usually the reason someone would consider filing false claims with the Court is to gain a tactical advantage in a divorce and/or custody case. When this happens it is imperative that a strong defense is made because of the potential consequences. 

A restraining order provides the Court with the authority to seriously restrict/limit the rights of an individual. Some of those limitations can be as follows: 

• Personal conduct orders: the restrained party cannot harass, attack, strike, threaten, assault, hit, follow, stalk, molest, destroy personal property, disturb the peace, keep under surveillance, impersonate another or block movements; 
• Preventing someone from contact, directly or indirectly, in any way all protected parties;
• Prevent someone from taking any action, directly or through other means, to obtain the address of the protected party; 
• Stay-Away Order: prevent the restrained party from coming within a defined distance of the protected person(s) house, car job, school, child care or other places;
• Move-out Order: require someone move out of the residence; 
• Prevent the ownership/possession of firearms and ammunition; 
• Allow recording of the restrained party without consent; 
• Assign possession of animals; 
• Create custody and visitation orders, or eliminate them all together; 
• Grant control over property; 
• Make child and/or spousal support orders; 
• Order payments on debts; 
• Order payment of attorney’s fees
• Order the participation in a batterer intervention program; 
• Restrict the transfer, sale, or borrowing against certain property.

As demonstrated by the long list above, there are many restrictions that come with a restraining order. In addition to restrictions a restraining order also has serious legal and practical implications, some of which are the following: 

• The presumption that the restrained party should not have primary or joint physical or legal custody of the child[ren]; 
• A presumption disfavoring an award of spousal support;
• The possibility of having to pay the attorney’s fees for the other party.

Additionally, a restraining order is reported through the California Law Enforcement Telecommunications System (CLETS), thus allowing it to show up in the system of law enforcement whenever a search is performed. It can also show up in certain background checks making it something that can be learned by employers. 

If you have been falsely accused of domestic violence you should immediately seek the assistance of an experienced legal representative. The attorneys at Clemens | Warren, L.L.P. have the experience and the knowledge needed to assist you.